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MATTER OF SISTERS OF CHARITY HOSP. OF BUFFALO v. AXELROD

89 A.D.2d 821 (1982)

In the Matter of Sisters of Charity Hospital of Buffalo, Respondent, v. David Axelrod, as Commissioner of Health of The State of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 9, 1982

Judgment unanimously reversed, without costs, and petition dismissed.

Memorandum:

On administrative review (10 NYCRR 86-1.17) the Commissioner of Health affirmed the 1980 Medicaid reimbursement rate of Sisters of Charity Hospital of Buffalo ("hospital"). Special Term annulled the determination, held that the hospital was entitled to a higher rate, and awarded damages. The commissioner appeals. The record establishes a rational basis for the commissioner's...

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